Finn v. Scottish Union & National Insurance
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, the Scottish Union and National Insurance Company, from an order of the Supreme • Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 10th day of January, 1910, denying the defendant’s motion to dismiss the complaint for failure to prosecute.
1Opinion of the Court
Burr, J.:
When the plaintiff unreasonably neglects to proceed in the action the court-may in its discretion,,on motion of the defendant, dismiss - *61the complaint and render judgment accordingly. (Code Civ. Proc. § 822.) Proof that younger issues have been tried in their regular order on the calendar makes out a prima facie case of unreasonable neglect. (General Rules of Practice, rule 36 ; Fisher Malting Co. v. Brown, 92 App. Div. 251.) While the court may relieve a plaintiff from the consequences of his neglect to bring an action'to trial, before it. is authorized to exercise its discretion in…
2Cases cited4 opinions
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Fisher Malting Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
- Regan v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1907
- Silverman v. BaruthAppellate Division of the Supreme Court of the State of New York · 1899